Court Enforcement Services Avoidance Notice Received - Help Please

[jcdg]

Hi Everyone - hopefully the good people of this forum can help.

 

Between december 2013 and november 2015 i lived in a 3 bedroom small property with oil central heating.

 

The electric meter for this property is not situated at the property, but some mile away in a field, via another field.

 

When we moved in we werent able to take a meter reading, and subsequently couldnt for the 2 years we were there.

 

Swalec managed an actual reading at the end of 2015 having not done one for many many years,

and came up with a figure of £2900+ for the 2 years useage!

 

I tried arguing this with them, but subsequently had a ccj issued, which was then transfered to the high court.

I was not at the property as I have moved,

and may have missed some of the correspondance.

 

I fully admit that we do owe money for electric, however £3k for 2 years in a small property... impossible!

 

It is now at the stage where at my new property ive received a visit from someone

- i was out so i dont know if a bailiff or court officer (is there a difference)

 

Is the writ that was issued at my previous address still valid for my new address?

 

How can i go about getting this set aside in order for me to put my case in front of a court.

I feel that swalecs negligence is partially to blame in all of this.

 

Hoping someone can help,

I have a pregnant fiance who has lost our last 2

and a lovely little 5yo who could really do without this stress.

 

Thanks

[dx100uk]

writ with the wrong address I don't think is valid..

however lets deal with the underling problem.

 

 

back to the electric please..

 

 

you say you were there for 2yrs..

did you in that 2yrs get any bills from SW?

 

 

if they did not bill you for 'a' year

they cant back date more than 12mts

[AndyOrch]

All the forms you require (set a side and to stay the Warrant) in the following link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?454644-What-Form-What-For-Where-does-it-go

 

Regards

 

Andy

[jcdg]

I have spoken to the officer today who has said unless I pay the full amount this morning he will return, force entry and remove goods while I'm in work.

 

Can a n244 be rushed through?

Any help here hugely appreciated

 

Oh yeah and 1k added for yesterday's visit, was told another would be added today!!!

[unclebulgaria67]

They can't force entry for a private debt to private premises.

 

start recording any future conversations.

 

You can make an urgent stay application to your nearest County Court. Phone them and see how you can do this. Make sure they know it relates to high court enforcement.

 

And they can't keep adding extra fees which are not written into the law that exists.

[jcdg]

Thabks for the response.

I'm waiting for my local court to open at 9am at which point I will see about getting an emergency appointment.

 

I'm not too worried about them visiting when I'm at home, I have little to no good of value, and my car is a company vehicle. However there are goods at the address of value which do not belong to me, and if I'm not there to prove that then I do worry they could attempt to seize them

 

To add £2500 to a £2900 debt for 2 visits seems like utter madness

 

Thanks again to the good people on here who help take the stress out of normal peoples lives

[Bailiff Advice]

 

To add £2500 to a £2900 debt for 2 visits seems like utter madness

 

Thanks again to the good people on here who help take the stress out of normal peoples lives

 

In post number 4 you mentioned that £1,000 in fees has been applied but in your above post number 6 you have said that the fees are £2,500. Do you have a correct breakdown of the fees charged.

[jcdg]

Sorry for confusion.

The debt was 2900

Yesterday the notice said I owed 4k

Today I was told another visit will add over a grand again

[Bailiff Advice]

Sorry for confusion.

The debt was 2900

Yesterday the notice said I owed 4k

Today I was told another visit will add over a grand again

 

It may assist you to read the response that I gave to another poster with a similar enquiry to yours on another thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465542-Bailiff-help-required&p=4910479&viewfull=1#post4910479

[Coughdrop]

They are doing themselves no favours behaving as they are. I hope you manage to get enforcement activity stayed, and a chance to renegotiate the CCJ.

 

You say little about the issuing of the original CCJ - was the procedure followed correctly? I know I once had one awarded, later resolved, about which I knew absolutely nothing until the judgment landed on my doormat, thus demonstrating there was no confusion over addresses.

[jcdg]

Hi everyone

 

Ive been advised to complete an N244 and email to the court tonight, and then pay the £155 fee tomorrow.

 

The court advised me this would stop enforcement action until the judge has seen the n244 which would be next week.

Does anyone know if this is true?

 

Also - is anyone on here in a position to advise on how I should be filling the form out, what I should say etc....

 

Lastly - does anyone know if a swalec debt would fall under the consumer credit act?

Just wondering as obviously if it does then it should never have gone to a high court

 

Thanks Everyone

[dx100uk]

consumer debt under the CCA with a CCJ CANNOT be enforced by HCEO

 

however

in this case ... gas/elec bills are not credit so are not CCA regulated

[ploddertom]

You have been advised wrong.

 

Until such time as a Judge makes a ruling the Writ is live and enforceable

- after ll there is no guarantee a Stay will be granted.

 

The only sure fire way is to personally take it and ask for an urgent application.

This debt does not fall under the CCA.

 

Have to be honest & say I think a Stay will fail anyway as you admit you do owe some monies

and have not helped yourself in how this has come about.

 

I appreciate it may not be what you want to hear but think it fair I put my cards down.

[jcdg]

consumer debt under the CCA with a CCJ CANNOT be enforced by HCEO

 

however

in this case ... gas/elec bills are not credit so are not CCA regulated.

 

What do you mean I do not have HCEO's after me?

[jcdg]

You have been advised wrong.

 

Until such time as a Judge makes a ruling the Writ is live and enforceable

- after all there is no guarantee a Stay will be granted.

 

The only sure fire way is to personally take it and ask for an urgent application.

This debt does not fall under the CCA.

 

Have to be honest & say I think a Stay will fail anyway as you admit you do owe some monies

and have not helped yourself in how this has come about.

 

I appreciate it may not be what you want to hear but think it fair I put my cards down.

 

I fully appreciate what you're saying, and im not disputing that I owe money,

but im disputing the fact that I owe whats being requested.

 

 

My argument is that Swalec have not provided me with any proof that I have used this electric they are asking for,

and while I was disputing this with them and asking for advice they registered the CCJ.

 

 

We then moevd properties and the next thing I know I have a letter regarding a high court writ..

 

If a stay is not granted, what can I actually do?

I dont have 4k to pay them.

I cannot get 4k to pay them.

I have no goods of any value.

 

What is the end result of this situation where I have nothing to give them, and nothing they can take?

I tried agreeing a payment plan but they said no

[jcdg]

This applies to the vast majority of judgments, the exception being where it is a judgment arising from a regulated agreement under the Consumer Credit Act. Currently, these may not be transferred to the High Court for enforcement by an HCEO. - thesherrifsoffice.com

 

Information:

 

consumer-credit regulated debts

 

Your creditor cannot enforce your judgment in the High Court if the debt is covered by the Consumer Credit Act 1974. - nationaldebtline

[ploddertom]

I'm not defending anyone here but the Utility Company will have written a raft of letters over this - did you try and negotiate with them? When they obtained the CCJ did you attend the Hearing or contest the sum they were asking for? Have you made any contact with them since the CCJ was awarded?

 

As for making payment to the HCEO then if he cannot gain access to your home or otherwise take control of goods outside then he is powerless. He will not waste too much time if he realises he is getting nowhere. He cannot gt blood from a stone and as I have said on a previous thread I would ignore him.

[dx100uk]

right sorry that's sorted

what I was saying was regarding this:

 

Just wondering as obviously if it does then it should never have gone to a high court

 

your debt has not gone to high court but it could!

 

 

also what is

Court Enforcement Services Avoidance Notice ?

[jcdg]

right sorry that's sorted

what I was saying was regarding this:

 

Just wondering as obviously if it does then it should never have gone to a high court

 

your debt has not gone to high court but it could!

 

How do you know my debt has not gone to the high court?

[jcdg]

I'm not defending anyone here but the Utility Company will have written a raft of letters over this - did you try and negotiate with them? When they obtained the CCJ did you attend the Hearing or contest the sum they were asking for? Have you made any contact with them since the CCJ was awarded?

 

As for making payment to the HCEO then if he cannot gain access to your home or otherwise take control of goods outside then he is powerless. He will not waste too much time if he realises he is getting nowhere. He cannot gt blood from a stone and as I have said on a previous thread I would ignore him.

 

I appreciate an honest approach much more than I would a cotton wool approach

 

Yes - there were letters being sent to us, which I dealt with via phone.

I argued for over a year that the electric meter could not be accessed.

It was a mile away in a field, surrounded by barbed wire and cattle and I didnt know where to look.

I had visits from at least 5 swalec meter readers who complained that they couldnt find or couldnt access the meter

- how was I meant to monitor my useage to see if swalecs costs were right?

 

Swalec said that on my appliances and house size that my average useage should be in the region of £43 a month,

however their actual reading put this amount at over £170 a month.

That just isnt reasonable.

 

During my arguements with Swalec over this it was sent to a ccj.

I cannot ever remember getting this CCJ,

i did not attend court,

and the first I really knew was a letter from HCEOs to my new property.

 

Potentially I missed a hold host of legal letters when i moved home.

 

Does that make sense?

 

Do you think I would be better off not applying for an n244?

And do you have experience with filling in N244s?

 

Thanks

[jcdg]

right sorry that's sorted

 

also what is

Court Enforcement Services Avoidance Notice ?

 

And the Avoidance Notice is what was in my letterbox yesterday?

It says nothing else, just the baillifs number and a new figure of £4100 - it doesnt say why the figure has gone up or how.

It doesnt give me a baillifs name or anything, just a signature.

[ploddertom]

Would you have to pay for an application or if on certain benefits or low wage you may be able to claim remission. The application cost is £255.

[jcdg]

Would you have to pay for an application or if on certain benefits or low wage you may be able to claim remission. The application cost is £255.

No im on a decent wage, and wouldnt qualify for the benefit.

I offered to pay a few grand today, but it was 4k or nothing!

The court told me today the figure was £155?

[ploddertom]

No im on a decent wage, and wouldnt qualify for the benefit.

I offered to pay a few grand today, but it was 4k or nothing!

The court told me today the figure was £155?

 

£155 is the old figure it increased to £255 in April.

 

If you have made a decent offer then they should have consulted with their client to see if it was acceptable. It sounds as if they have been watching too much telly.

[HCEOs]

jcdg, there is no such prescribed form or notice as an 'Avoidance Letter'. If you could post a copy on here (deleting your details) then we could advise you further. It could be reported to the MoJ.

 

For your info, Court Enforcement Services is run by the old Marston Group hierarchy and they use the authority of Simon Williamson HCEO to enforce their judgments. Williamson is known for offering his name to many different firms (including the notorious DCBL) and at one point had around 15. That may go some way to explain the tactics being used here and the fees being charged.

 

You should demand details of the fees charged and the reasons they have been charged as at first glance it would appear they have not followed the stages as set out by the Taking Control of Goods (Fees) Regulations 2014.